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In The House

Legislation this Week (13 October - 15 October)
Tuesday, October 13, 2009 - 1:52pm
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Legislation this week        (13 October – 15 October 2009)
 
Government Bills:
 
Anti-Money Laundering and Countering Financing of Terrorism Bill
Committee Stage
This Bill will enhance New Zealand's framework for countering the financing of terrorism and money-laundering. New Zealand has been identified a number of times as potentially being a weak link for the passing of large amounts of cash to fund terrorist and other illegal activities. The changes proposed in the Bill come from the Financial Action Task Force, a body created in 1989 by the then G-7 group of countries in response to the threat money laundering posed to the international financial system. The imperative for this has obviously increased post-2001. The Bill will set up an AML/CFT framework (Anti-Money Laundering and Countering Financing of Terrorism) requiring that reporting entities (including casinos and businesses providing financial services) establish, implement, maintain and regularly audit an AML/CFT programme. A supervisory regime would be put in place, with agencies including the Securities Commission (for issuers of securities, trustee companies, futures dealers, collective investment schemes, brokers, and financial advisers), the Reserve Bank (for banks, life insurers, and non-bank deposit takers), and the Department of Internal Affairs (for casinos, non-deposit taking lenders, and other financial institutions not supervised by the Securities Commission or RBNZ). Compliance costs across the sector have been estimated in the Regulatory Impact Statement of the Bill as being $97 million for setup, with $21 million ongoing costs from year three. Costs range from $81 million (setup) spread across the 17 registered banks, to $1.5 million spread across six casinos and $400,000 spread across 70 non-bank deposit takers. Such a framework is in place in Australia, as are similar regimes in the US, UK and Canada. New Zealand is presently being evaluated by the Financial Action Task Force (with a report due out in October) and officials have predicted a failure by New Zealand to enact this legislation will see us ranked in the bottom half of nations, alongside Peru, Colombia, Iceland and Albania.
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ACT to Support
 
Land Transport (Enforcement Powers) Amendment Bill
Second Reading

This Bill accompanies the Vehicle Seizure and Confiscation Bill to form the Government’s response to illegal street racing (aka “boy-racers”). This Bill (from Minister Joyce) will introduce a large number of provisions “to disrupt and deter illegal street racing and related activities (such as “cruising”) by enhancing the powers of local controlling authorities to create bylaws in relation to such activities and providing for enforcement officers with more powers to tackle illegal street racing.”
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ACT to Support
 
Vehicle Seizure and Confiscation Bill
Second Reading
This Bill accompanies the Land Transport (Enforcement Powers) Amendment Bill to form the Government’s response to illegal street racing (aka “boy-racers”). This Bill (from Minister Collins) provides the main framework, amending the Sentencing Act, the Summary Proceedings Act, and the Privacy Act. The main provisions are:

  • Strengthening the powers of the courts to order the confiscation of vehicles.
  • Allowing the courts to order the destruction of motor vehicles used by persistent illegal street racing offenders.

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ACT to Support
 
Immigration Bill
Committee Stage
This Bill will replace the Immigration Act. ACT voted in favour of this Bill at first reading, despite some concerns regarding civil liberties. The Bill in its original form allowed for the collection of biometric information – that is, a photo taken of the body and stored. The Select Committee has clarified that this photo should only be of the head and shoulders, and not include more intimate parts of the anatomy. Explicitly included in this biometric information is fingerprinting and iris-scanning at the border. This is the same technology many of our western allies are adopting (the US etc). The Bill will also clarify some question about the term “visa”, a term which will replace “visa”, “permit”, and “exemption” in the legislation. All non-citizens will be granted a “visa” even if they are travelling what was known as visa-free. The Bill will establish a new single immigration tribunal, replacing four existing boards. The new tribunal will include 3 District Court judges. Participants will be permitted to be represented by a special advocate.
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ACT to Support
 
Sentencing (Offender Levy) Amendment Bill
Second Reading
This Bill sets a $50 levy on every person convicted of a crime which will go towards compensating victims of crime for expenses such as travel to court cases and parole hearings. This forms part of the National/ACT Confidence and Supply Agreement.
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ACT to Support
 
Criminal Investigation (Bodily Samples) Amendment Bill
Second Reading
This Bill will allow the police to take a DNA sample from anybody charged with an imprisonable offence (NB – the sample to will be destroyed if charges are dropped or the accused is not convicted). This forms part of the National/ACT Confidence and Supply Agreement.
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ACT to Support
 
Insolvency Bill
Third Reading
This Bill amends the Insolvency Act 2006 and addresses a loophole that has emerged. The Bill preserves the integrity of the new “no asset procedure” by preventing discharge of fraudulent debts. The Bill will also restore the Official Assignee’s ability to recover gifts made by a person prior to bankruptcy.
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ACT to Support


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